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David2074's avatar

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The responses in this thread are pretty predictable
"Herp Derp! They be hatin on that little girl and her pink playhouse! They bad!"

The simple reality is when the woman purchased her house she signed a legally binding agreement (it is part of the purchase agreement of the house) that she would abide by the terms of the covenants. She chose to ignore them and now she is trying to sue.

I was involved with this about a year ago for a house I helped purchase. I very carefully read the terms of the CCRs (covenants, home owner association agreement - names vary). Two of the terms are that any structures have to be pre-approved and any paint colors have to be approved, with the general guideline that they have to conform with the general 'earth tones' of the housing development. This is to prevent people from painting their structures primary colors or other colors that stand out. And sorry, contrary to what the lady says that is definitely a structure.

You don't have to agree to buy a house in a development that has covenants but if you do you can't just choose to ignore them. They are part of the terms of the property purchase just like easements and right of way.

Most of the terms of these covenants (at least the one we signed off on) are intended to keep the development looking nice. Even color scheme with no 'sore thumb' stand outs, limits on how tall your front yard fences can be, can't park/store RVs and boats in your front yard or on the street, keep your garage door closed when not using it. I have also seen developments that don't have those covenants and are a strong argument for having them. Junked cars and other crap dragging down the property value of the neighbor's place.

Bottom line - Do not voluntarily sign legally binding agreements and then b***h that you are legally bound by them.

PS - for the house I was talking about I asked the president of the homeowner's association about our thoughts of maybe putting a kit garden shed in the back yard. He was fine with 'pre-approving' any of the usual kits for those 8x10 buildings. (They pretty much all come in earth tone / neutral type colors). He said he just had concerns if we were building it from scratch (would want to see design) and/or painting it some odd color. I'm pretty sure he would have said no to 'pink'.
Eternal Marionetta's avatar

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Cthulhu Christ!

It's for a kid to play in! It's not like it's a terrorist plot to take over the damn neighborhood!
If I was the judge in this case, I'd be like, "You guys aren't ******** serious, are you?"
Sailor Tin Nyanko's avatar

Magical Cat

Eternal Marionetta
Cthulhu Christ!

It's for a kid to play in! It's not like it's a terrorist plot to take over the damn neighborhood!
If I was the judge in this case, I'd be like, "You guys aren't ******** serious, are you?"

It takes a long time to ramble these out...

I can tell from seeing many of these this is for attention. The board members were fighting. The Grandmother was on the board fighting with other board members. She made a move on purpose to containue the fight.


If it wasn't about attention seeking and bickering within the board, the Grandmother would have just used pre approved colors or recolored to pre approved colors. The Grandmother, I'm saying it again, was on the board and fully aware of the colors.


Even a dog house counts in these things. Why wouldn't something 10 times the size of a Dog House count?




We should feel bad for the 4 year old whose Grandmother is being nasty to her. Whose Grandmother is using her.

This is the same set up as the 11 year old brought to a fight between Pro-Life and Pro-Choice, then the Media spun it so the Pro-Choice were solely there to yell personally at the 11 year old.

This Grandmother knew everything she was doing. >.>
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As someone who lives in one of these sorts of places, I can safely say this isn't surprising. razz One year they actually tried to make a rule that the Christmas lights INSIDE your house had to be white. Not just outside. INSIDE. People freaked out and all resolved to put up the most colorful displays they could. XD Then one tree branch broke off, and all of a sudden tree climbing was against the rules. Then they got pissed because we kept bikes on the porch...

These places tend to be full of mindless zombies obsessed with everything being perfectly uniform. Don't live in one if you aren't willing to be a part of some hive mind. gonk
Fighting over the colour of a little girl's playhouse? Humanity.... what happened to you?!
Pnyuu's avatar

Receiver

that's right, guys! you better fight for that property value!
David2074's avatar

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Sailor Tin Nyanko
Eternal Marionetta
Cthulhu Christ!

It's for a kid to play in! It's not like it's a terrorist plot to take over the damn neighborhood!
If I was the judge in this case, I'd be like, "You guys aren't ******** serious, are you?"

It takes a long time to ramble these out...

I can tell from seeing many of these this is for attention. The board members were fighting. The Grandmother was on the board fighting with other board members. She made a move on purpose to containue the fight.


If it wasn't about attention seeking and bickering within the board, the Grandmother would have just used pre approved colors or recolored to pre approved colors. The Grandmother, I'm saying it again, was on the board and fully aware of the colors.


Even a dog house counts in these things. Why wouldn't something 10 times the size of a Dog House count?




We should feel bad for the 4 year old whose Grandmother is being nasty to her. Whose Grandmother is using her.

This is the same set up as the 11 year old brought to a fight between Pro-Life and Pro-Choice, then the Media spun it so the Pro-Choice were solely there to yell personally at the 11 year old.

This Grandmother knew everything she was doing. >.>


I believe you are right.
The color scheme of buildings is one of the basics items in these housing covenants. With grandma on the board (and a homeowner in the development) it seems impossible she was not fully aware of it and either decided she was above it because she was on the board or was intentionally trying to start some s**t. Everyone going on about how the board is picking on the little granddaughter is predictable but misguided. This could have just as easily been a tool shed. Making it a playhouse does not change the rules.
Sailor Tin Nyanko's avatar

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David2074
Sailor Tin Nyanko
Eternal Marionetta
Cthulhu Christ!

It's for a kid to play in! It's not like it's a terrorist plot to take over the damn neighborhood!
If I was the judge in this case, I'd be like, "You guys aren't ******** serious, are you?"

It takes a long time to ramble these out...

I can tell from seeing many of these this is for attention. The board members were fighting. The Grandmother was on the board fighting with other board members. She made a move on purpose to containue the fight.


If it wasn't about attention seeking and bickering within the board, the Grandmother would have just used pre approved colors or recolored to pre approved colors. The Grandmother, I'm saying it again, was on the board and fully aware of the colors.


Even a dog house counts in these things. Why wouldn't something 10 times the size of a Dog House count?




We should feel bad for the 4 year old whose Grandmother is being nasty to her. Whose Grandmother is using her.

This is the same set up as the 11 year old brought to a fight between Pro-Life and Pro-Choice, then the Media spun it so the Pro-Choice were solely there to yell personally at the 11 year old.

This Grandmother knew everything she was doing. >.>


I believe you are right.
The color scheme of buildings is one of the basics items in these housing covenants. With grandma on the board (and a homeowner in the development) it seems impossible she was not fully aware of it and either decided she was above it because she was on the board or was intentionally trying to start some s**t. Everyone going on about how the board is picking on the little granddaughter is predictable but misguided. This could have just as easily been a tool shed. Making it a playhouse does not change the rules.

She could end this with... I don't know paint pricing... 20-50 dollars?

But she wants to drag this out for hundreds of dollars in court cost. Maybe thousands.
David2074's avatar

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Sailor Tin Nyanko
She could end this with... I don't know paint pricing... 20-50 dollars?

But she wants to drag this out for hundreds of dollars in court cost. Maybe thousands.


Well, a judge won't be moved by the 'aw gee, poor little granddaughter' factor.
He will look at the contract she signed and see if it requires pre-approval by the board of paint colors for structures. Since she is disputing the 'structure' angle he will then likely look at that and determine it is indeed a structure since, regardless of intended use, it is very similar to a garden shed or other structure that even the lady agrees falls under the covenant. The lady will likely end up paying the legal fees of both parties (a common provision in such covenant agreements). There is even the chance of being slapped with frivolous lawsuit since a person on the board should be well aware of the rules.

I am personally glad I live on private acreage with no covenants but I understand the concept behind them. Prior to buying my property it was the 'black sheep' of my neighbors. The previous owners (who lost the property to the bank for non-payment) left 17 dead vehicles, piles of trash, six used burn barrels full of junk, a large shop covered inside with junk and spilled motor oil on the floor, various 'junk' left in the yard (11 bowling balls, a cordless phone, shoes, etc.) I'm told at one point they had over 50 cars on the property. Kind of extreme compared to what someone would do in a housing development but I've seen houses in developments that were a miniature version of that.

And closer to this article regarding paint color - there are a few houses around town that are just hideous colors that make you say OMG when you drive by and make you wonder about the mind of the owner who would choose such colors. That could have a real effect on potential buyers of the houses next door to them.
Meloesu 's avatar

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The most ridiculous thing I've heard all day -.- Lol, some people are so stupid......Just because you can sue, doesn't mean you should for pointless things.
Alrescha's avatar

Hunter

At first I was reading the article thinking it was a normal neighborhood, so I thought this was a pretty stupid case. Then I saw that it was one of those fancy neighborhoods with the strict rules you have to legally sign and say you agree to follow. Now that I see both sides of the argument, I really think it's dumb that the grandma doesn't repaint it. She's doing it to make the board look evil. Normally I'd say a pink playhouse is a silly thing to have an argument about, but in this case it seems that things are a bit more complicated than just a playhouse color. As much as I don't mind the color pink and think the playhouse looks pretty, I think she should repaint it and not make a giant drama and money mess out of it.
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Don't have anything nice and colorful partically if you have neighbors. I learned to hate close neighbors.
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An HOA can be great when you have a problem with the condition of a neighboring property. When the problem is with your property, it's different.

This story is a good lesson in thinking carefully about whether you want to live in a neighborhood that has a homeowners'-association. HOA's can be excellent and some can be a preview of Hell. You have to think hard about how a broadly worded provision might be applied and how draconian the consequences can be, and always be aware that in exchange for the guarantees, you have to give up some rights about how you use your property. Some are reasonable: not keeping boats or RVs in the front yard, for instance. Some are annoying but bearable: "only white lights may be hung as outdoor Christmas decorations," And some are outrageous: many HOA's are legally empowered to seize and sell member's houses for failure to pay HOA dues (it's spelled out in the contract).
Chahklet's avatar

Tipsy Smoker

I think it is ridiculous and stupid...
There are rules and a contract but...
how far should these things go?
Do people actually think it's right just because it's legal? Granted, I don't think the child is entitled to it THAT much. However, I also do not think the Association should split a wig over it.
Really...how bad is it that it should result in this?
SinisterSunflower's avatar

Smoker

god people are so ******** stupid

shes a little ******** GIRL of course it's gunna be pink!
it's probably her favorite color, and it's not even that bright
confused

like seriously? whats next people suing people for wearing too bright a pink shirt?
OMG HURRY EVERY ONE BUY EVERYTHING BLACK SO NO ONE CAN SUE YOU exclaim

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